Transfer of Assets to BETA Not Qualify as Going Concern for VAT and Tax Purposes

• Transfer of assets from ALFA s.r.l. to BETA does not qualify as a going concern for VAT and direct tax purposes
• Intangible assets were never licensed to related company DELTA
• Physical assets acquired from DELTA are considered individual goods by the Applicant
• Limited functional connection between intangible and tangible assets
• Transfer of going concern requires functional and organizational link between assets
• Mere use of assets in production process does not automatically qualify as a going concern
• Intention of parties in transaction is relevant in determining transfer of going concern
• Discussion on definition of “azienda” under Italian law, case law on transfers of going concerns, and requirements for intra-Community acquisition of goods.

Source: agenziaentrate.gov.it

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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